Rutherford's husband fights for time with new baby

But the tot has been thrust straight into the centre of a custody battle between her warring parents - who split while the actress was pregnant and are currently going through messy divorce proceedings.

The pair is still arguing over who will provide full-time care for its two-year-old son son Hermes.

Giersch has now asked for his visitation rights with his newborn daughter to be extended, despite a judge recently ruling he can spend an hour with the tot, three times a week.

He tells celebrity blogger Perez Hilton, "We are currently negotiating how often I am allowed to go to the hospital. The only thing the judge said in court last time is that I can see my daughter three times a week for one hour."

And Giersch hopes the new arrival will mean he gets to spend more time with his son: "Kelly is not allowed to stay away from Hermes more than three hours. If that's the case she has to call me so I can take care of him.That's what the judge said."

Giersch previously claimed his estranged wife failed to inform him of Helena's birth, leaving him to read about the event on the Internet.